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(영문) 울산지방법원 2019.07.12 2019노345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment, two years of probation, eight hours of probation, eight hours of social service, and forty hours of law-abiding driving) is too uneased.

2. In light of the judgment, the crime of this case is acknowledged that the defendant had been punished for drunk driving more than twice, but the defendant was faced with the central line and caused a traffic accident, and the crime of this case is not very good, and the drinking driving is a serious criminal threatening to the life, body, and property of another person as well as his family members.

However, in full view of all the sentencing conditions in the pleadings of this case, including the fact that the defendant recognizes and reflects his own crime, the degree of injury suffered by the victim is relatively limited, and the victim does not want the punishment of the defendant, the defendant does not have criminal records exceeding the fine, and whether the situation after the decision of the court below was changed, etc., the sentence of the court below appears to be within the reasonable and appropriate scope, and it cannot be deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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